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Mosteller on the Case

By KC Johnson

A few months ago, I posted on the disappointing early coverage of the case from law reviews. The most recent Fordham Law Review corrects the problem, in a lengthy article by Duke Law professor Robert Mosteller. He astutely argues that the lacrosse case shows the insufficiency of ethical rules requiring prosecutors to do justice and to not prosecute cases without probable cause, and concludes with some sensible recommendations to make ethics rules more likely to protect the innocent. Mosteller opens bluntly: ?Often a full examination of the facts of a notorious case reveals that events were ambiguous and the reality is not as bad as early reports suggested. This case does not fit that pattern; it gets worse on inspection.? Indeed, he contends, ?The Duke lacrosse case is extraordinary both in the clarity of its facts and in the violation of the prosecutor?s fundamental duty to do justice...continue to full post

Full post as published by Durham-in-Wonderland on December 04, 2007 (boomark / email).